Knee Replacement Compensation Guide: Work Injuries, Car Accidents and Surgery Negligence

You’re entitled to a workers compensation claim if your workplace knee injury has led to a knee replacement. It doesn’t matter:

• Who was at fault for the accident.
• Whether you’re a full-time, part-time, or casual worker
• If you’re a subcontractor (in most cases).

However, if your injury was caused by your employer’s negligence, you may be eligible for a substantial, lump sum payout through a common law damages claim. Typical examples of employer negligence include providing faulty equipment, a lack of proper training, or inadequate safety gear.

To make a car accident claim, your knee replacement must be the direct result of injuries from a road accident.

• NSW, Victoria, Tasmania, the ACT and the Northern Territory: You can lodge a basic Compulsory Third Party (CTP) claim even if the accident was your fault.
• Queensland, South Australia and Western Australia: You’ll need to prove that another driver was at fault before you can receive compensation for your knee replacement.

Keep in mind: even if you live in a state that allows no-fault CTP claims, you may still be able to make a fault-based claim if someone else caused the accident. This can open the door to extra compensation, such as pain and suffering or long-term care costs.

You can make a medical negligence claim after a knee replacement if your medical professional’s negligence caused you harm. It’s also known as a ‘medical malpractice’ claim. Some common examples include:

• Complications of knee replacement surgery, such as damaging surrounding nerves or blood vessels during the procedure.
• Implant issues, like using the wrong size knee replacement prosthetic or failing to correctly fit and align it.
• Failure to diagnose or treat an infection, leading to further complications and additional surgery.
• Negligent follow-up care, such as ignoring post-operative complications, mobility problems, or signs of implant loosening.
• Poor pre-operative advice, where you weren’t properly warned of the risks or alternatives before undergoing surgery.

To succeed in your knee replacement negligence claim, you need to prove two key things:

1. Breach of duty: Your surgeon’s conduct fell below an acceptable professional standard, meaning no reasonable medical provider would have acted the same way.
2. Causation: There must be a direct link between your current health problems and the treatment (or lack of treatment) by your medical provider.

The compensation you may receive for a knee replacement caused by a workplace injury depends on how the injury happened, who’s responsible, and whether it has long-term effects. Generally, there are three main types of workers compensation you could be eligible for:

Basic workers compensation entitlements

If your knee replacement resulted from a work-related injury, you’re typically entitled to standard workers compensation benefits. Depending on your situation, this can include:

• Weekly wage-replacement payments (up to 95% of your pre-injury earnings).
• Coverage for hospital and medical expenses.
• Rehabilitation and return-to-work support.
• Travel costs for medical appointments.

Permanent impairment lump sums

If your knee replacement causes long-term issues, you may also be eligible for a lump sum permanent impairment payment.

This usually requires a Whole Person Impairment (WPI) assessment, which measures how your injury affects your daily life and overall functioning.

Some states have a minimum WPI threshold you must meet to qualify, so it’s important to check the rules in your area. But given the severity of most knee replacements caused by workplace injuries, many people do meet this threshold.

Common law damages

If your knee replacement was caused by employer negligence, you may be able to make a common law damages claim. These claims can result in much higher compensation than standard workers compensation, sometimes reaching hundreds of thousands (or even millions).

In addition to your standard workers’ compensation benefits, a successful common law claim may also cover:

• Future lost income and superannuation: If your knee replacement prevents you from returning to your usual work.
• Ongoing medical and rehabilitation costs: Including specialist treatment, therapies, and support services.
• Pain and suffering: Compensation for the impact your knee replacement has had on your mental health, well-being, and overall quality of life (available in certain states).

Depending on your situation, compensation for a knee replacement caused by a car accident may cover:

• Lost income: Including future earnings if you’re unable to return to work.
• Care and support: Assistance from professionals or family, as well as help if you can no longer care for a dependent.
• Out-of-pocket expenses: Medical treatment, travel to appointments, and necessary modifications to your home or vehicle.
• Pain and suffering: Recognition of the physical and emotional impact your knee injury and replacement have had on your life.

How is pain and suffering calculated?

Unlike medical bills or lost wages, there isn’t a fixed amount for pain and suffering in knee replacement claims. Instead, it’s assessed based on how your injury affects your daily life: physically, emotionally, and mentally.

Most states require you to meet a minimum impairment threshold to claim pain and suffering compensation. This is determined through an independent medical or psychological assessment, often called a Whole Person Impairment (WPI) or Injury Scale Value (ISV), depending on your state.

The more severe and long-lasting the impact of your knee replacement, the higher your potential compensation. However, each state also sets a legal cap on pain and suffering payouts.

If you’d like clarity on your potential compensation, our knee replacement lawyers can help. We’ll review your case, explain your rights, and guide you through the process — all in a free initial consultation.

If a medical professional failed to take proper care during your knee replacement surgery, you may be entitled to medical negligence compensation.

A successful claim can cover:

• Lost income and superannuation: Compensation for both past losses and future earning capacity.
• Care and support: Assistance for you and any dependents who rely on your help.
• Out-of-pocket expenses: Medical bills, rehabilitation costs, or modifications to your home or vehicle. 
• Future surgery costs: If you require a revision or new knee replacement, you can claim for this now, without waiting for the actual surgery. This is a crucial part of your compensation, as revision surgeries are more complex and often require specialist post-op care.
• Pain and suffering: Compensation for the negative impact a botched knee replacement has had on your life.

How are future surgery costs calculated?

When claiming compensation for a future knee replacement or revision, we carefully calculate all anticipated costs to ensure you’re fully covered. This process typically involves three key steps:

1. Specialist medical evidence: We obtain expert reports from orthopaedic surgeons and other relevant specialists to determine the likely cost of your future total knee replacement. This includes the surgery itself, rehabilitation, ongoing medications, and any post-operative care you’ll require.
2. Preliminary or additional procedures: Sometimes, additional procedures are needed before the replacement can happen. For example, if you previously had an implant fixed in your knee, this may need to be removed before surgery. Any such preparatory procedures (along with their associated costs) are factored into your claim.
3. Interim care and support: We also assess what you’ll need while waiting for surgery. If your knee replacement is several years away, this may include ongoing pain management, physiotherapy, mobility aids, or other support services. The costs of these interim needs are included in your compensation claim to ensure you’re not out of pocket during this period.

By combining expert medical advice with a detailed financial assessment, we make sure your future surgery costs are fully accounted for, so you can focus on recovery rather than worrying about finances.

How is pain and suffering calculated?

Unlike medical expenses or lost income, there isn’t a fixed amount for pain and suffering in knee replacement claims. Instead, it’s assessed based on the personal impact of your injury, including ongoing pain, limited mobility, or the effect on your ability to work and enjoy daily life.

Most states require you to meet a minimum permanent impairment threshold to claim pain and suffering. This usually involves a medical assessment, after which you’re given an impairment rating. It’s called Whole Person Impairment (WPI), Degree of Permanent Impairment (DPI), or Injury Scale Value (ISV), depending on your state.

Each state also sets a legal cap on pain and suffering compensation, which is updated annually to account for inflation.

Yes, in some cases, a Total Knee Replacement can legally be considered a disability. While the word ‘disability’ means different things to different people, from a legal perspective, a knee replacement that leaves you permanently unable to return to work can qualify as a disability. This means you may be eligible for a Total and Permanent Disability (TPD) benefit.

A TPD claim is lodged through your superannuation and is designed to provide long-term financial security. Many super policies include automatic TPD cover, so you may already be eligible without even realising it. 

Unlike weekly workers compensation payments, a TPD knee replacement claim pays a one-off lump sum. The exact amount depends on your super fund and policy, but in many cases, the payout can be substantial — helping you manage ongoing medical costs, lifestyle changes, and any loss of income.

If you’re struggling with disability after a knee replacement, you may be entitled to a TPD claim. Speak to our expert knee replacement attorneys today to find out if you can claim.

If a single injury leaves you needing more than one joint replacement, you may be entitled to extra compensation. This takes into account not just the cost of multiple surgeries, but also longer rehabilitation, greater pain and suffering, and the bigger impact on your work and daily life.

For example, a hip and knee replacement lawsuit can result in a higher settlement because of the combined effect on your mobility, independence, and earning capacity. Likewise, say your knee replacement was the wrong size and you needed revision surgery, the added complications can significantly increase the value of your claim.

The cost of pursuing a knee replacement claim depends on the type of claim and how complex it is.

• Workers compensation in NSW: If you’re lodging a claim here, your legal costs are fully covered by the Independent Review Office (IRO). This means we can assist you completely free of charge.
• Other states or claim types: You’re protected by our No Win No Fee guarantee, which means you only pay if we win your case.

Here’s what our genuine No Win No Fee guarantee means for you:

• No upfront costs: We cover legal fees, administrative costs, and expert reports, so you’re never out of pocket.
• Clear pricing: You’ll receive a detailed breakdown of all fees before we start work.
• Avoid court where possible: Most claims are resolved through negotiation or mediation, helping you avoid the time, stress and expense of court.
• Reduced legal costs: While some firms take up to 50% of your compensation (the legal maximum), our fees are capped at 30%. In many cases, we can also get the other party to cover our fees, meaning you keep more (if not all) of your payout.
• 30-day risk-free trial: Try our services for 30 days. If you decide we’re not the right fit, you can walk away without paying a cent.

Sometimes, even when a specialist confirms you need a Total Knee Replacement, they may advise delaying the surgery for several years — particularly if you’re in your 40s or early 50s. This delay is often 7 to 10 years, or even longer in certain cases.

Surgeons prefer to postpone Total Knee Replacements because the artificial joint has a limited lifespan. If the surgery is done too early, you may need a second or even third replacement later in life.

But waiting doesn’t mean your life just continues as normal. Delaying surgery can still have a major impact on your daily life, work, and finances, including:

• Ongoing pain and limited mobility: You may need strong pain medications, physiotherapy, or mobility aids for years before your surgery, which can be costly and affect your quality of life.
• Impact on work and income: Severe knee issues can make it impossible to continue in your current role. Even if you switch jobs or careers, this often comes with a significant reduction in earnings.
• Reduced independence and lifestyle changes: Everyday tasks like walking, climbing stairs, or participating in sports and hobbies may become challenging or impossible.

In compensation claims, these impacts are taken seriously. Your knee replacement lawyer will work with medical specialists to ensure your payout reflects not just your current suffering, but the long-term effects of waiting for surgery.

This means that even if your knee replacement is years away, you can still claim for the real, ongoing impact the injury has on your life.

A knee injury can affect nearly every part of your life: from daily activities to your ability to work, now and in the future. A specialist lawyer can help ensure your claim fully reflects the impact of your injury:

• Explain your rights and claim options: We guide you through every type of claim you may be eligible for and advise on additional benefits like Total and Permanent Disability (TPD).
• Collaborate with experts: We work with orthopaedic surgeons, physiotherapists, and rehab specialists to assess your current condition and long-term prognosis, including the likelihood of future surgery or flare-ups.
• Build a strong, evidence-backed case: Using expert insights, we demonstrate how your injury affects work, daily life, and long-term health, capturing all costs and impacts such as treatment, rehab, mobility aids, lost income, future surgeries, and ongoing care.
• Handle all insurer negotiations: We take care of insurer negotiations and manage all paperwork for your claim. If the insurer tries to dispute your claim or force you back to work too soon, we’ll push back with strong evidence.
• Maximise your payout: By combining legal expertise with medical evidence, we create a compelling claim designed to secure the highest possible compensation for your knee replacement.